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HomeMy WebLinkAboutORD 1906 Amending Code related to Traffic Control Officer and Block PartiesCity of West University Place Harris County, Texas ORDINANCE NUMBER 1906 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS AMENDING CHAPTER 46, ARTICLES I AND IV, OF THE CODE OF ORDINANCES OF THE CITY BY AMENDING ARTICLE I, SECTION 46-1 RELATED TO THE DEFINITION OF TRAFFIC CONTROL OFFICER AND ARTICLE IV, SECTIONS 46- 114, 46-115, AND 46-116 RELATED TO THE REGULATION OF BLOCK PARTIES AND THE ADJUSTMENT OF RELATED FEES. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS THAT: Section 1. Articles I and IV of Chapter 46 of the Code of Ordinances of the City of West University Place, Texas are hereby amended by the repeal of the existing Article I, Section 46-1 and Article IV, Sections 46-114, 46-115, and 46-116, and the adoption of a new Article I, Section 46-1 and Article IV, Sections 46-114, 46-115, and 46-116, to read as set forth in Appendix A, attached hereto and made a part hereof. All other portions of Chapter 46 of the Code of Ordinances of the city not specifically amended by this Ordinance shall remain in full force and effect. Section 2. All ordinances and parts of ordinances in conflict with this Ordinance are repealed to the extent of the conflict only. Section 3. If any word, phrase, clause, sentence, paragraph, section or other part of this Ordinance or the application thereof to any person or circumstance, shall ever be held to be invalid or unconstitutional by any court of competent jurisdiction, neither the remainder of this Ordinance, nor the application of such word, phrase, clause, sentence, paragraph, section or other part of this Ordinance to any other persons or circumstances, shall be affected thereby. Section 4. The City Council officially finds, determines and declares that a sufficient written notice of the date, hour, place and subject of each meeting at which this Ordinance was discussed, considered or acted upon was given in the manner required by the Texas Open Meetings Act, as amended, and that each such meeting has been open to the public as required by law at all times during such discussion, consideration and action. The City Council ratifies, approves and confirms such notices and the contents and posting thereof. Section 5. This Ordinance takes effect immediately upon its passage and adoption on second reading. PASSED, APPROVED AND ADOPTED ON FIRST READING on the 19th day of October 2009. PASSED, APPROVED AND ADOPTED ON SECOND READING, AND SST ~Ik/y K: day of October 2009. a (S tes Signed: etary Mayor Recommended: City Manager Approved as to legal form: Z/) City Attorney 2 Appendix A (Amended Article I, Section 46-1 and Article IV, Sections 46-114, 46-115, and 46-116, Code of Ordinances) ARTICLE I. IN GENERAL Section 46-1. Definitions. (a) Certain words and phrases. Unless the context requires a different meaning, the following terms, when used in this chapter, have the meanings indicated below: Commercial impact zone (or CIZ) means that part of Sunset Boulevard located between Kirby Drive and Wakeforest Street. Heavy truck means a truck with more than two axles or with an overall length greater than 30 feet. Overnight means at any time between the hours of 2:00 a.m. and 4:00 a.m. Qualified storage area means a place which is: (1) Covered by hard-surfaced pavement or all weather gravel surfacing; (2) Located completely upon private property; (3) Located at least 20 feet from the nearest portion of any street fronting on the property and behind the front main building wall of a building (if any) on the same building site; and (4) Located no closer to any side street than an existing garage on the same property or ten feet, in case there is not such garage. Recreational or utility vehicle means a motor home, a motor vehicle with a gross vehicle weight greater than 12,000 pounds or any "camper" body attached to or detached from a motor vehicle. Traffic control officer means the City Manager or other designee as authorized by the City Manager. (b) Transportation code. Words or phrases defined in the Texas Transportation Code have the same meanings when used in this chapter in the same or similar context. ARTICLE IV. STREET EVENTS, ETC. Section 46-114. Registration; preparation for events. (a) Registration. To register a special event, a person must: (1) Fill out the standard form. The traffic control officer shall provide a supply of blank standard forms at the police dispatcher's office. The person who registers an event must complete the form to show: a. The date and maximum times; b. The maximum number of persons; C. The types and maximum number of vehicles, identified sufficiently to determine the extent insurance is required as provided below; d. The species and maximum number of animals, identified sufficiently to determine if insurance is required, as provided below; e. The types and maximum numbers of other large moving objects (not carried by hand); f. The places where the event will occur (identifying each street, block number and street intersection, and including any route to be taken and, if the event is a spillover party, describing the nonstreet property where the party is scheduled to occur); g. The important street intersections where roadways would be obstructed and the hours each will be obstructed; and h. The identification of the person who registers and any sponsor(s) of the event (including residence addresses, phone numbers, TDL, etc.). i. The form must be sworn to (or affirmed) as being complete and correct, to the best knowledge and belief of the person who registers. (2) Deliver the form in time to allow preparations. The completed form must be delivered to the traffic control officer or to the police dispatcher (open 24 hours per day everyday) in time to allow at least one full working day for the city to prepare before the beginning of the event. A full working day is 8:00 a.m. to 5:00 p.m. on a weekday that is not a city holiday. As provided below, the fee can be greatly reduced if the event is registered earlier. (3) Attach additional items (if required). Attach the following items to the form, to the extent required for the particular special event: a. Proof of insurance; and b. Cashier's check for the amount of the fee to cover city out-of- pocket expenses. (4) Approval. Upon satisfaction of the requirements specified in this Section 46-114, the traffic control officer shall approve registration of the special event, unless the traffic control officer shall determine that such event will endanger the public safety, unreasonably obstruct the flow of traffic, or cause a breach of the peace. (b) Responsibilities of the traffic control officer. When an event is registered, it is the responsibility of the traffic control officer to prepare for the event as follows: (1) Notify the police, fire, ambulance and public works personnel of the city; (2) Notify the Metropolitan Transit Authority, if appropriate; (3) Arrange for any necessary traffic and parking control, including officers at intersections, temporary parking restrictions and other appropriate measures. (c) Responsibilities of the police chief. The police chief shall make appropriate adjustments to staffing and assignments to help maintain security (particularly where there may be crowds) and to make any necessary advance arrangements with other law enforcement agencies. (c) Notification to Residents. The registrant(s) shall notify the residents of each affected residential block, as required by the traffic control officer (see subsection (a)(2)). The required notification shall be completed no later than seventy-two (72) hours before the registered event. Failure to comply with this or any other requirement of the traffic control officer shall disqualify the registrant(s) from holding a special event for a period not to exceed two (2) calendar years. The length of such term of disqualification shall be determined at the discretion of the traffic control officer. Section 46-115. Fees. (a) When applicable. The traffic control officer may charge the registrant(s) a "traffic control fee" to defray a part of the city's out-of-pocket costs for each special event. (1) Amount of fee. The traffic control fee shall be the cost of providing traffic control at important street intersections, which fee shall be equal to the product of the following: a. The number of important street intersections where the roadway would be obstructed, if any; b. The total hours the roadways at the intersections will be obstructed, if any; and c. The cost per hour of providing a city police officer. (2) Fee waived under certain conditions. The fee for traffic control is waived for each intersection for which the registrant(s) can prove that there are firm arrangements to provide (i) a certified peace officer to control traffic at the intersection during the time it is obstructed; and (ii) barricades supplied by an authorized vendor in accordance with a plan approved by the traffic control officer. Firm arrangements may be proved by submitting a standard "show- up" form, duly signed, or other equivalent written proof. The traffic control officer shall prepare and maintain an electronic list of approved vendors, which the Department of Public Works shall make available to the public by electronic mail. Upon the registrant's written request, hardcopies of the approved vendors list shall be made available for personal pickup at the front office of the Department of Public Works. (b) In addition to the fees described in subsection (a) of this Section 46-115, the registrant(s) shall bear the sole cost and responsibility of the notification of each affected residential block, as required by the traffic control officer and in accordance with subsection (c) of Section 46-114. Section 46-116. Maximum length; duration; times; number. (a) Length. The maximum length of any special event area or route is four miles. Exception: This does not apply to a low-impact pedestrian event. (b) Duration. (1) The maximum duration of any special event is two hours. (2) Exceptions: a. This does not apply to a low-impact pedestrian event. b. A major interjurisdictional event may exceed two hours if it occurs on a Sunday or a legal holiday and does not exceed six hours. (c) Restricted times. A special event may not use, enter or cross the roadways of the indicated streets at the times indicated: TABLE INSET: One half hour before school convenes or one half hour 3700 Block of University Blvd. after school is adjourned (school days only). Residential blocks on streets, Before 8:00 a.m. or after sunset. except important streets :00 a.m. to 9:00 a.m. or 4:00 p.m. to 6:00 p.m. (except on Important streets Saturday, Sunday or a legal holiday). 11 streets efore sunrise or after sunset. (d) Number. The total number of special events permitted to be held on any given day and time shall not be limited, unless in the discretion of the traffic control officer, the number of such events would endanger the public safety, impair emergency response services, or unreasonably inhibit the flow of traffic within the city. For purposes of this subsection, priority shall be given to special events in the order they are registered.